Whether you’re the executor or a beneficiary of a loved one’s Will, dealing with their estate can be an emotionally difficult time. This is especially true if there are disputes over the Will. In many cases, there may be grounds to contest no win no fee will contesting the Will and make a claim under the Inheritance Act for reasonable financial provision. However, the costs of doing so can be very expensive, which is why some people may be hesitant to go ahead and fight for what they believe to be right.
Thankfully, there is a solution to this problem. It’s possible to fight a contested will on a no win no fee basis, which makes the process much easier for those who aren’t in the best financial situation. This means that you can be represented by a specialist solicitor without the worry of incurring any upfront legal fees. It’s important to remember that no win no fee only covers your solicitor’s fees – it does not cover any other expenses associated with the case such as medical experts and barristers’ fees.
In a no win no fee arrangement, your solicitor will work on a conditional fee agreement. This means that you’ll only pay them if your claim is successful and any compensation awarded will be paid to them. This fee will be deducted from any funds you receive and is capped at a fixed percentage. This means that you can expect to only pay a small fraction of any money you receive, and that’s only if your claim is successful.
If your claim is successful, you will be entitled to a range of different damages, including general and special damages. General damages can help to compensate you for your injuries, whilst special damages can cover additional losses such as those caused by missed mortgage payments.
If your case is successful, the defendant will be required to pay your solicitor’s legal costs. In most cases, this will be paid out of the estate and in other instances, it will be recovered from you. This is why it’s crucial to have a specialist solicitor representing you from the outset, who will know how to negotiate with your opponent and minimise the risk of the cost of bringing a claim.